The second wife of Filipino Muslim rebel leader Nur Misuari may initiate legal action against the Malaysian government for deporting him.

Tarhata Ibrahim, through counsel Sankara Nair, expressed outrage at the Malaysian government for denying Misuari asylum, saying that its actions contravened international human rights as well as local law.

"The Extradition Act 1992 provides that a fugitive criminal from abroad cannot be surrendered to a country seeking his return, inter alia , if the offence in respect of which his return is sought of a political nature.

"In the context of this act, it is only assumed that Misuari has committed an offence as he was not charged and tried in any court and convicted, hence his case was most compelling under the circumstances which explicitly warranted the full protection of the act," the statement from Sankara read.

Sankara, however, said it has not been decided if and when the suit will be filed.

Tarhata also relayed through her lawyer in a telephone interview that she was emotionally distraught over the deportation.

"I could not believe that the Malaysian government would act this way and send a Muslim leader to face prosecution despite pleas from the Organisation of Islamic Conference and lawyers in the Philippines," Tarhata said.

Misuari and seven of his supporters were extradited yesterday after being detained for two months in Malaysia following their illegal entry into Sabah after leading his Moro National Liberation Front in a botched uprising attempt in Jolo in the south of Philippines.

Writ filed

Misuari, 60, after fighting the Filipino government for 24 years, signed a peace agreement in 1996 and was given control of the Muslim-based Autonomous Region for Muslim Mindanao (ARMM) in predominantly Catholic Philippines but was overthrown in November as its governor.

He faces a 20-year jail term if convicted of charges of inciting an armed revolt in the ouster which left 100 dead.

He has also become a thorn in the side of the Malaysian government, which already has its hands full dealing with Islamic militancy problems on the homefront while facing pressure from the OIC to offer Misuari asylum.

Sankara also said he has applied for a writ of habeas corpus yesterday to declare the deportation illegal but it was too late as Misuari was deported earlier the same day.

"The family waited as the foreign minister (Syed Hamid Albar) had announced that he would only be deported on the 15 (January) but then he was deported yesterday," Sankara said.